Section 124.6 - Draft permits(a) (Applicable to State programs, see §§ 123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA).) Once an application is complete, the Director shall tentatively decide whether to prepare a draft permit (except in the case of State section 404 permits for which no draft permit is required under § 233.39 ) or to deny the application.(b) If the Director tentatively decides to deny the permit application, he or she shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. See § 124.6(e) . If the Director's final decision (§ 124.15 ) is that the tentative decision to deny the permit application was incorrect, he or she shall withdraw the notice of intent to deny and proceed to prepare a draft permit under paragraph (d) of this section.(c) (Applicable to State programs, see §§ 123.25 (NPDES) and 233.26 (404). ) If the Director tentatively decides to issue an NPDES or 404 general permit, he or she shall prepare a draft general permit under paragraph (d) of this section.(d) (Applicable to State programs, see §§ 123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA).) If the Director decides to prepare a draft permit, he or she shall prepare a draft permit that contains the following information:(1) All conditions under §§ 122.41 and 122.43 (NPDES), 144.51 and 144.42 (UIC, 233.7 and 233.8 (404, or 270.30 and 270.32 (RCRA) (except for PSD permits)));(2) All compliance schedules under §§ 122.47 (NPDES), 144.53 (UIC), 233.10 (404), or 270.33 (RCRA) (except for PSD permits);(3) All monitoring requirements under §§ 122.48 (NPDES), 144.54 (UIC), 233.11 (404), or 270.31 (RCRA) (except for PSD permits); and(4) For:(i) RCRA permits, standards for treatment, storage, and/or disposal and other permit conditions under § 270.30 ;(ii) UIC permits, permit conditions under § 144.52 ;(iii) PSD permits, permit conditions under 40 CFR § 52.21 ;(iv) 404 permits, permit conditions under §§ 233.7 and 233.8 ;(v) NPDES permits, effluent limitations, standards, prohibitions, standards for sewage sludge use or disposal, and conditions under §§ 122.41 , 122.42 , and 122.44 , including when applicable any conditions certified by a State agency under § 124.55 , and all variances that are to be included under § 124.63 .(e) (Applicable to State programs, see §§ 123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA).) All draft permits prepared by EPA under this section shall be accompanied by a statement of basis (§ 124.7 ) or fact sheet (§ 124.8 ), and shall be based on the administrative record (§ 124.9 ), publicly noticed (§ 124.10 ) and made available for public comment (§ 124.11 ). The Regional Administrator shall give notice of opportunity for a public hearing (§ 124.12 ), issue a final decision (§ 124.15 ) and respond to comments (§ 124.17 ). For RCRA, UIC or PSD permits, an appeal may be taken under § 124.19 and, for NPDES permits, an appeal may be taken under § 124.74 . Draft permits prepared by a State shall be accompanied by a fact sheet if required under § 124.8 .48 FR 14264, Apr. 1, 1983, as amended at 54 FR 18785, May 2, 1989; 65 FR 30910 , May 15, 2000